Marchant v. PNC Bank, N.A.

Filing 9

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/9/17 ordering that February 15, 2017 hearing on defendants' motion to dismiss is vacated and recommending that this action be dismissed. F&R referred to District Judge Troy L. Nunley. Objections to F&R due within fourteen days. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WALTER G. MARCHANT,

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Plaintiff,

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No. 2:16-cv-2963-TLN-EFB PS

v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

PNC BANK, NATIONAL
ASSOCIATION, a business entity, et al.,
Defendants.

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Defendants filed a motion to dismiss this action pursuant to Federal Rule of Civil

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Procedure 12(b)(1) and 12(b)(6), and noticed the motion for hearing on January 25, 2017. ECF

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No. 5. Plaintiff failed to timely file an opposition or statement of non-opposition to the motion.

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Accordingly, the hearing was continued to February 15, 2017, and plaintiff was ordered, by no

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later than February 1, 2017, to file an opposition or statement of non-opposition to the motion and

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to show cause why sanctions should not be imposed for his failure to timely file an opposition or

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statement of non-opposition. ECF No. 8. Plaintiff was also admonished that failure to file an

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opposition would be deemed a statement of non-opposition to the granting of defendants’ motion,

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and could result in a recommendation that this action be dismissed for lack of prosecution and/or

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failure to comply with court orders and local rules. Id.

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The deadline has passed and plaintiff has not filed an opposition or statement of nonopposition to the pending motion, nor has he responded to the court’s order to show cause.

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Accordingly, it is hereby ORDERED that the February 15, 2017 hearing on defendants’
motion to dismiss is vacated.

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Further, it is RECOMMENDED that this action be dismissed for failure to prosecute and

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to comply with court orders and the court’s local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R.

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110.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Failure to file objections within the specified time may waive the right

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to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998);

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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: February 9, 2017.

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